CUTTACK: The Orissa High Court has granted Barabati-Cuttack MLA Mohammad Moquim time till October 25 to reply to the election petition filed by former BJD MLA Debasish Samantray challenging the election of the Congress leader from the seat.
The Single Judge Bench of Justice SK Sahoo fixed the date for next hearing of the case, taking into consideration Durga Puja holidays from October 3 to 11, and directed Moquim’s counsel to file the reply by then.
On August 26 Justice Sahoo had admitted the election petition and fixed September 13 for hearing. Moquim was directed to file his response. However, as the case came up for hearing on Friday, the MLA’s counsel Bidyadhar Mishra sought two months more time, which was opposed by Samantray’s counsel Milan Kanungo.
Moquim’s counsel sought time to collect documents to file the written statement in reply to the election petition. Adjournment on such ground was contested by Kanungo citing provisions of the Representation of the Peoples Act, 1951 and a Supreme Court judgment.
The Act provides for disposal of all matters and cases relating to elections within six months. The Supreme Court judgment which was cited expected courts to dispose of election petitions as expeditiously as possible and elected candidates facing challenge of their election not to seek adjournments, Kanungo pointed out.
Samantray in his petition had alleged that Moquim had suppressed material facts with respect to criminal cases pending against him while filing nomination papers. He had also not disclosed correct facts about his assets and liabilities.Moquim, the president of Cuttack City Congress Unit, had wrested the seat from BJD by defeating Samantray in the 2019 elections.